401K & HOME

Thanks for the comments....about the child support he will be obligated to pay for the youngest as she belongs to him....the oldest does not.

I pretty much knew I would not get the house, and thats fine....I just need a reasonable amount of time in the house to get back to where I was (I am in school and also run a business of my own).

As far as the 401K plan I just thought of that yesterday and had failed to include that in my papers...so I was just wondering before I called my attorney and mentioned it.  I am not trying to suck him dry, just dont think its right that he "cant handle the marriage anymore" so he up and leaves me and the girls and wants us out after a yr.  We lived a pretty well life before I married him...put everything into it....he had alot of debt when I married him and that was fine....then he filed bankruptsy and everything went down hill from there...so we are sucked dry and now he has bailed out....so I only think its fair that I am given something (time and reasonable money...which will be hard for him to come up with b/c of the BR, thats why I thought of the 401K plan)....I mean, he wants us gone....so how else am I gonna go?  Our entire family, him as well as myself and the 2 girls were greatly affected by the bankruptsy and now this.....FAIRNESS, THATS ALL I ASK FOR!

Thanks for the comments...anymore would be greatly appreciated!

ok - first off - in regard to shami's suggestion on going after him for child and spousal support - that is rediculous. He was a step dad for a year - asking him to be financially responsible for your kids is unreasonable - as is spousal support - you were married a year you will get laughed out of court on that one.

The house, you will be entitied to a VERY SMALL portion of the the equity accrued ONLY during the time of your marriage.  Mississippi is an equitable distribution state, not a 50/50 community property state.

 

Same with the 401K - you will get a small portion, not half.

One more thing, check out child support for your girls. When he married you, he married them too. Spousal support is to help you get on your feet after a change like this if you need to go to school to update you career or to get a career then ask for it. You have nothing to lose and everything to gain but you have to ask for it. Sit down write out what your life was like, what happened, and now what you hope it to be like now. This may help with things you might want to ask for. Just a thought!!

Talk to a lawyer; check the laws of your state!
In CA, a friend of mine was entitled to part of the house. She sold her house when they got married moved into his house $$$ helped to remodel his house and $$$ was contributing (comingling) to mortgage and after 1 1/2 yrs he told her to get out. The house was in his name only. But because she would have still had her house if it wasn't for getting married she was entitled to be compensated for the living status she had before the marriage. But again check with the laws of your state and keep asking questions. The 401K I would think is a yes as well. Check it out. Most courts have legal assistance for these questions. Call your court house and see. 

if your name is not on the house, you won't be able to get anything from it.

as for the 401, yes, i believe the one year you were married may count....meaning if he contributed 10$ in the one year, you may be able to get $5.

you should check your state divorce laws. there is a white box on this page with that information.